Comments on: Surgin’ Diversion Coercionhttp://blog.bennettandbennett.com/2009/07/surgin-diversion-coercion.html
at the intersection of criminal defense and free speechTue, 03 Mar 2015 21:49:45 +0000hourly1http://wordpress.org/?v=4.1.1By: The DA’s new DWI program – Off the Kuffhttp://blog.bennettandbennett.com/2009/07/surgin-diversion-coercion.html/comment-page-1#comment-9579
Sat, 01 Aug 2009 11:34:57 +0000http://bennettandbennett.com/blog/2009/07/surgin-diversion-coercion.html#comment-9579[…] the probation requirements are so onerous. Problems Three and higher are enumerated by Grits, Mark Bennett, Paul Kennedy, and Murray Newman; I’ll leave it to you to see what they have to say. […]
]]>By: Mark Bennetthttp://blog.bennettandbennett.com/2009/07/surgin-diversion-coercion.html/comment-page-1#comment-9574
Fri, 31 Jul 2009 19:02:55 +0000http://bennettandbennett.com/blog/2009/07/surgin-diversion-coercion.html#comment-9574My understanding is that the defendant pleads, but the judge doesn’t find him guilty unless he screws up the program, in which case he is found guilty and sentenced to 30 days.
]]>By: Jamie Spencerhttp://blog.bennettandbennett.com/2009/07/surgin-diversion-coercion.html/comment-page-1#comment-9573
Fri, 31 Jul 2009 15:25:54 +0000http://bennettandbennett.com/blog/2009/07/surgin-diversion-coercion.html#comment-9573Did I get this part correctly (either from one of your or Paul’s posts or one of Troy’s on the listserv)?

To get pretrial diversion, the defendant actually pleads in front of the judge, case reset for sentencing however far off, D is then let into the program, and if they complete it, what? I guess it’s dismissed somehow? Motion for new trial?

And if they screw it up, they still get the 30 days in jail? “Automatically” – because they have pled open, the judge just gives ‘em 30 days?

Or did I misunderstand that part?

]]>By: Morgen Danielshttp://blog.bennettandbennett.com/2009/07/surgin-diversion-coercion.html/comment-page-1#comment-9567
Thu, 30 Jul 2009 22:03:42 +0000http://bennettandbennett.com/blog/2009/07/surgin-diversion-coercion.html#comment-9567I practice in a state where we have a diversion program that requires only classes or treatment, no more driving with alcohol in the system, and a victim’s impact panel, all to be done within one year. This thing you’ve got looks ridiculously onerous–don’t think I’d recommend it to my worst enemy. Is it in any way shape or form better than the typical sentence someone would get after a guilty verdict? It’s worth something to get the charge dismissed, I suppose, but there are so many conditions that it seems likely many many participants would fail and end up with the conviction anyway…
]]>By: Hunter Biedermanhttp://blog.bennettandbennett.com/2009/07/surgin-diversion-coercion.html/comment-page-1#comment-9565
Thu, 30 Jul 2009 20:06:55 +0000http://bennettandbennett.com/blog/2009/07/surgin-diversion-coercion.html#comment-9565Nice to see that at least someone wants to see a type of deferred available for DWI 1sts. I’m a big proponent of allowing deferred on DWI 1st. However, the conditions of this seem pretty crazy to me. Especially when it can be yanked from you for no apparent reason.

Punishment for 1st keeps going up and up. I posed today about the Feds getting involved as well. Now it seems that they want ignition interlock as a probation condition for 1st in all states, or no road funding will be coming their way.

Thanks for letting us know about this program. It is nice to get the view of attorneys who practice in the jurisdiction to get the real scoop instead of relying on articles and press releases.

]]>By: Gritsforbreakfasthttp://blog.bennettandbennett.com/2009/07/surgin-diversion-coercion.html/comment-page-1#comment-9562
Thu, 30 Jul 2009 12:00:21 +0000http://bennettandbennett.com/blog/2009/07/surgin-diversion-coercion.html#comment-9562That’s even worse than I understood from the press coverage. Ignition interlocks on the first offense is pointless and too expensive. A LOT of people are going to roll the dice and go to trial, no doubt. This isn’t going to “divert” people from the jail it’s going to fill the jail up.
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